The Ethics of War and the Force of Law: A Modern Just War Theory

This book provides a critical overview of the ethics of war and offers a modern just war theory that recognizes the moral force of widely accepted law. It challenges traditionalist, Walzerian, and revisionist approaches and emphasizes the importance of other justifications beyond self-defense. It also draws on criminal law and legal scholarship, rejecting moral fundamentalism and arguing that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict.

Format: Paperback / softback
Length: 336 pages
Publication date: 30 May 2022
Publisher: Taylor & Francis Ltd

The Ethics of War and the Force of Law is a comprehensive and insightful exploration of the current debate on the ethics of war, as well as a modern just war theory that provides practical guidance for policymakers and military leaders. The book offers a critical overview of the various approaches to the classical jus ad bellum and jus in bello requirements in just war theory, including traditionalist, Walzerian, and revisionist perspectives. Uwe Steinhoff, the author, aims to correct misinterpretations of these competing views and clarify their implications for the ethics of war.

One unique aspect of Steinhoff's approach is his emphasis on the importance of other justifications beyond self-defense, often referred to as the lesser evil. He argues that just war theorists should consider a broader range of factors, such as the protection of civilians, the prevention of genocide, and the promotion of human rights. By incorporating these considerations, Steinhoff seeks to provide a more comprehensive framework for evaluating the morality of military actions.

In addition to his emphasis on other justifications, Steinhoff draws on criminal law and legal scholarship, which have been largely ignored by just war theorists. He argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. This approach challenges the notion of moral fundamentalism, which holds that the laws and customs of war must simply follow an immutable morality. Instead, Steinhoff suggests that the laws and conventions of war can evolve and adapt to changing circumstances and that they should be viewed as a dynamic and evolving set of ethical guidelines.

The Ethics of War and the Force of Law is a valuable resource for scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law. The book offers a comprehensive and nuanced analysis of the ethical challenges posed by war, and it provides practical guidance for policymakers and military leaders seeking to navigate the complex terrain of armed conflict. By recognizing the moral force of widely accepted law, Steinhoff's approach offers a promising way forward for building a more just and ethical framework for the conduct of war.

Dimension: 229 x 152 (mm)
ISBN-13: 9780367627027